Kentucky Case Commentaries

“Remedy-Driven Review” – The Kentucky Supreme Court Harmonises Remedies for Illegal Plea-Based Sentences

Date: Aug 15, 2025

“Remedy-Driven Review” – The Kentucky Supreme Court Harmonises Remedies for Illegal Plea-Based Sentences 1. Introduction Commonwealth of Kentucky v. Darrell Strunk, 2025-SC-0518-DG, marks the latest...

Armed Pedestrian Flight as “Substantial Risk”: A Commentary on Virgil Lee Evans, Jr. v. Commonwealth of Kentucky

Date: Aug 15, 2025

Armed Pedestrian Flight as “Substantial Risk”: The Supreme Court of Kentucky Clarifies KRS 520.095 in Evans v. Commonwealth 1. Introduction In Virgil Lee Evans, Jr. v. Commonwealth of Kentucky (Sup....

Reaffirming Rehabilitative Admission of Post-Motive Child CAC Statements and Present-Sense Police Commentary: An Analysis of Mario S. Smith v. Commonwealth of Kentucky

Date: Aug 15, 2025

Reaffirming Rehabilitative Admission of Post-Motive Child CAC Statements and Present-Sense Police Commentary: An Analysis of Mario S. Smith v. Commonwealth of Kentucky Introduction The Supreme Court...

Arbitration Agreements Are Not “Health-Care Decisions”: The Kentucky Supreme Court Narrows KRS 311.631 Spousal Authority

Date: Aug 15, 2025

Arbitration Agreements Are Not “Health-Care Decisions”: The Kentucky Supreme Court Narrows KRS 311.631 Spousal Authority Introduction In Lexington Alzheimer’s Investors, LLC d/b/a The Lantern at...

“Look-but-Don’t-Intimidate”: Simpson v. Commonwealth and the Permissible Use of Courtroom Barriers Consistent with the Confrontation Clause

Date: Aug 15, 2025

“Look-but-Don’t-Intimidate”: Simpson v. Commonwealth and the Permissible Use of Courtroom Barriers Consistent with the Confrontation Clause 1. Introduction Jamie Simpson appealed his 60-year sentence...

“Ross–Haydon Bridge Reconciliation Rule”: Kentucky Supreme Court Clarifies Sovereign-Immunity Limits on Refund Suits Against the State

Date: Aug 15, 2025

“Ross–Haydon Bridge Reconciliation Rule” Kentucky Supreme Court Clarifies Sovereign-Immunity Limits on Monetary Relief and Refund Actions Introduction On 14 August 2025 the Supreme Court of Kentucky...

“Due vs. Never-Due” Refunds: The Kentucky Supreme Court Re-draws the Sovereign-Immunity Line in Long v. Commonwealth (2025)

Date: Aug 15, 2025

“Due vs. Never-Due” Refunds: The Kentucky Supreme Court Re-draws the Sovereign-Immunity Line Commonwealth of Kentucky, Department of Revenue v. Long (2025) Introduction The consolidated decision in...

“Never‐Due” v. “Due” Funds – The Kentucky Supreme Court’s New Two-Tier Rule for Sovereign Immunity Refund Actions

Date: Aug 15, 2025

“Never-Due” v. “Due” Funds – A Commentary on Long v. Commonwealth of Kentucky, Department of Revenue (Ky. 2025) 1 · Introduction On 14 August 2025 the Supreme Court of Kentucky issued a consolidated...

Enhanced Disclosure & Gate-Keeping Standards for Historic Cell-Site Evidence: Analysis of Shawn Hollingsworth, Jr. v. Commonwealth of Kentucky (2025)

Date: Aug 15, 2025

Enhanced Disclosure & Gate-Keeping Standards for Historic Cell-Site Evidence: Commentary on Shawn Hollingsworth, Jr. v. Commonwealth of Kentucky, Supreme Court of Kentucky (2025) Introduction The...

“Never-Due” Funds and the Limits of Sovereign Immunity: A Commentary on Long v. Commonwealth of Kentucky (2025)

Date: Aug 15, 2025

“Never-Due” Funds and the Limits of Sovereign Immunity: A Structured Commentary on Long v. Commonwealth of Kentucky (Ky. 2025) 1. Introduction The Supreme Court of Kentucky’s consolidated decision in...

“The Reach of Waiver” – How Express Agreement Forecloses Appellate Review in Kentucky: A Commentary on Kenny Dile, Jr. v. Commonwealth

Date: Aug 15, 2025

“The Reach of Waiver” – How Express Agreement Forecloses Appellate Review in Kentucky: A Structured Commentary on Kenny Dile, Jr. v. Commonwealth of Kentucky (Ky. Sup. Ct., Aug. 14 2025) 1....

“Request, Not Order” – Kentucky Supreme Court Clarifies the Limits of Police Pocket-Emptying Requests in Consensual Encounters

Date: Jun 23, 2025

“Request, Not Order” – Kentucky Supreme Court Clarifies the Limits of Police Pocket-Emptying Requests in Consensual Encounters 1. Introduction In Bobby Ray Osborne v. Commonwealth of Kentucky,...

“One Missed Appearance, Many Offenses” – Kentucky Supreme Court Clarifies the Unit-of-Prosecution for First-Degree Bail Jumping

Date: Jun 23, 2025

“One Missed Appearance, Many Offenses” – Kentucky Supreme Court Clarifies the Unit-of-Prosecution for First-Degree Bail Jumping Introduction In Brandon Blair v. Commonwealth of Kentucky, the Supreme...

The “Carson Waiver” Clarified: When a Clear “No-Objection” Extinguishes Appellate Review in Kentucky

Date: Jun 23, 2025

The “Carson Waiver” Clarified: When a Clear “No-Objection” Extinguishes Appellate Review in Kentucky Introduction In Cassandra Carson v. Commonwealth of Kentucky (Ky. Sup. Ct. No. 2023-SC-0320-MR, 20...

Hall v. Commonwealth: Clarifying Invited-Error Waiver and Contextual 404(b) Evidence in Forcible-Compulsion Sodomy Cases

Date: Jun 23, 2025

Hall v. Commonwealth: Clarifying Invited-Error Waiver and Contextual 404(b) Evidence in Forcible-Compulsion Sodomy Cases Introduction The Supreme Court of Kentucky’s unpublished memorandum opinion in...

Reaffirming the Admissibility of Prior Similar Sexual Acts Under KRE 404(b) and the Directed-Verdict Threshold in “Continuing Course of Conduct” Offenses – Commentary on Owens v. Commonwealth (Ky. 2025)

Date: Jun 23, 2025

Reaffirming the Admissibility of Prior Similar Sexual Acts Under KRE 404(b) and the Directed-Verdict Threshold in “Continuing Course of Conduct” Offenses Commentary on Darrin Owens v. Commonwealth of...

Commonwealth v. Young: DUI as a Lesser-Included Offense of Wanton Murder – A New Double-Jeopardy Safeguard in Kentucky

Date: Jun 23, 2025

Commonwealth v. Young: DUI as a Lesser-Included Offense of Wanton Murder – A New Double-Jeopardy Safeguard in Kentucky Introduction On 20 June 2025, the Supreme Court of Kentucky decided David Young...

“Remote Testimony as a Last Resort” – The New Confrontation-Clause Standard after Earl K. Johnson v. Commonwealth of Kentucky

Date: Jun 23, 2025

“Remote Testimony as a Last Resort” – The New Confrontation-Clause Standard after Earl K. Johnson v. Commonwealth of Kentucky Introduction On 20 June 2025 the Supreme Court of Kentucky rendered a...

Prior Cross-Examination at an Aborted Trial Satisfies the Confrontation Clause on Retrial: Commentary on Elsie Franklin v. Commonwealth of Kentucky (2025)

Date: Jun 23, 2025

Prior Cross-Examination at an Aborted Trial Satisfies the Confrontation Clause on Retrial Comprehensive Commentary on Elsie Franklin v. Commonwealth of Kentucky, Supreme Court of Kentucky, 20 June...

“Counterclaim-Generated Controversies” & the Presumption of Arbitrability: Commentary on Fraternal Order of Police, Lodge 4 v. Lexington-Fayette Urban County Government (Ky. 2025)

Date: Jun 23, 2025

“Counterclaim-Generated Controversies” & the Presumption of Arbitrability A Detailed Commentary on Fraternal Order of Police, Lodge 4 v. Lexington-Fayette Urban County Government Supreme Court of...